THE RULE-OF-LAW STATE AS A NECESSARY CONDITION FOR THE DEVELOPMENT OF CIVIL SOCIETY

Abstract

Civil society is a set of non-governmental organizations and institutions that are a representative body of the will and interests of citizens. It is nothing more than a "third sector" of society, coexisting and transforming alongside government institutions and business. Elements of civil society are various associations and unions (professional, creative, sports, religious, etc.), covering almost all spheres of public life. It is substantiated that civil society emerges as a relatively independent sphere of public life, capable of self-organization, "privatization" of a number of social relations. It is proved that the main features of civil society are the existence of democratic rule of law, self-government of individuals, unions and associations of citizens, legal protection of state, municipal and private property, available mechanisms of public control over public authorities, and diversity of social initiatives. It is argued that the development of institutions of constitutional law is not only to consolidate the fundamental rights and freedoms of members of civil society, but also to provide citizens with tools to influence state power. The fundamental factors of civil society are: freedom of personal initiative, independence of citizens in obtaining livelihoods. It is concluded that effective interaction between civil society and the state is possible only in a state governed by the rule of law, which guarantees the independence of civil society institutions from the influence of state bodies and public authorities, and regulates the ability of civil society to influence public authorities. The effectiveness of the rule of law – is a fundamental factor in the proper functioning of civil society institutions in the rule of law.